SIMON v. 160 WEST END AVENUE CORPORATION


7 A.D.3d 318 (2004)

775 N.Y.S.2d 851

BARBARA A. SIMON ET AL., Appellants, v. 160 WEST END AVENUE CORPORATION ET AL., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 2004.


Plaintiffs' first cause of action, insofar as it alleges that defendant residential cooperative breached its fiduciary duty to plaintiff Simon's decedent when, through use of false statements about plaintiffs, it attempted to influence the decedent not to transfer her interest in the subject apartment to plaintiffs, was properly dismissed on the ground that the complaint fails to allege how the co-op's treatment of the decedent differed from its treatment of other similarly...

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